UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 08-20612-CR-SEITZ

UNITED STATES OF AMERICA
vs.
HASSAN KESHARI,
Defendant.
/

MOTION OF THE UNITED STATES FOR
DOWNWARD DEPARTURE PURSUANT TO U.S.S.G. § 5K1.1
Pursuant to United States Sentencing Guidelines § 5K1.1 and Title 18, United States Code,
Section 3553(e), the United States of America, by and through the undersigned Assistant United
States Attorney, respectfully requests that the Court depart below the Advisory Sentencing
Guidelines range otherwise applicable to the defendant, Hassan KESHARI. In support of its motion,
the United States avers as follows:
1.

On July 3, 2008, an Indictment was filed charging the defendant, his corporation, and

two other co-defendants. Specifically, the defendant was charged in Count 1 with conspiracy to
violate the International Emergency Economic Powers Act (Title 50, United States Code, 1705(a))
(“IEEPA”) and the Arms Export Control Act (Title 22, United States Code, Section 2278(b))
(“AECA”), all in violation of Title 18, United States Code, Section 371; in Counts 2-7 and 11 with
violations of the IEEPA, in violation of Title 50, United States Code, Section 1705(a); and in Counts
8 and 9 with violations of AECA, in violation of Title 22, United States Code, Section 2778(b).

1

Case 1:08-cr-20612-PAS

2.

Document 201

Entered on FLSD Docket 05/08/2009

Page 2 of 4

The Indictment arose from an investigation into an organization which was exporting

military and dual use aircraft parts from the United States to Iran by way of Dubai, United Arab
Emirates. While working with this organization, Hassan KESHARI received requests for quotes and
orders from customers in Iran, purchased aircraft parts from suppliers in the United States, and
arranged for the export of the aircraft parts to Dubai.
3.

KESHARI has admitted his involvement in the organization to investigating law

enforcement agents and has assisted law enforcement with the investigation. KESHARI has been
cooperating and continues to cooperate with law enforcement to assist with the ongoing
investigation and prosecution of his a related cases. The United States will present further details
regarding KESHARIâ&#x20AC;?S assistance at the time of the sentencing hearing.
4.

On January 27, 2009, pursuant to a plea agreement with the United States, KESHARI

pled guilty to Count1 of the Indictment. This plea agreement included cooperation provisions and
left it to the discretion of the United States whether KESHARIâ&#x20AC;&#x2122;s cooperation merited any motion
by the United States for a downward departure under the Sentencing Guidelines.
5.

In a continuing effort to cooperate with the United States, KESHARI will continue to

make himself available if called to testify at any future judicial proceeding in this case and/or others.
In addition, KESHARI will be available to law enforcement officials for further debriefing and
assistance.

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Case 1:08-cr-20612-PAS

Document 201

Entered on FLSD Docket 05/08/2009

Page 3 of 4

WHEREFORE, as a result of the Defendantâ&#x20AC;&#x2122;s substantial assistance, the United States
respectfully requests that the Court depart below the Sentencing Guidelines range otherwise
applicable to the Defendantâ&#x20AC;&#x2122;s count of conviction. The United States will reserve a specific
recommendation as to the amount of the reduction until the time of the sentencing hearing.

CERTIFICATE OF SERVICE
I hereby certify that on May 8, 2009, I electronically filed the foregoing with the Clerk of
the Court by using the CM/ECF system which will send a notice of electronic filing to David O.
Markus, counsel for Defendant Hassan Saied Keshari.